(Filed 23 November, 1932.)
Appeal and Error J d — Where Court is evenly divided judgment will be affirmed.
Where on appeal the Supreme Court is evenly divided in opinion, one Justice not sitting, the judgment will be affirmed without becoming a precedent.
Clarkson, J., not sitting.
Appeal by plaintiff from Schench, J., at February Special Term, 1932, of MeckleNburg.
*853Civil action to recover damages for alleged negligent injury.
There was a verdict and judgment for the defendant, from which the plaintiff appeals, assigning errors.
G. T. Garswell ancl Joe W. Ervin for plaintiff.
G-ansler & Cansler for defendant.
Per Curiam.
The Court being evenly divided in opinion, Glarhson, J., not sitting, the judgment of the Superior Court is affirmed and stands as the decision in this case without becoming a precedent. Nebel v. Nebel, 201 N. C., 840, 161 S. E., 223; Durham v. Lloyd, 200 N. C., 803, 157 S. E., 136; Gooch v. Tel. Co., 196 N. C., 823, 146 S. E., 803.
Affirmed.
ClarksoN, J., not sitting.